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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2511-2512 OF 2013
 
(Against the Order dated 05/04/2013 in Appeal No. 1256/2011 of the State Commission Punjab)
1. AGRICULTURE INSURANCE CO. OF INDIA LTD.
ITS HEAD OFFICE AT 13TH FLOO, AMBADEEP BUILDING, 14 K.G MARG, CONNAUGHT PLACE,
NEW DELHI - 110001
...........Petitioner(s)
Versus 
1. NAHAR SINGH
S/O SH. NARAIN SINGH, R/O VILLAGE SHADIHARI, TEHSIL SUNAM, SANGRUR, Punjab, Also at R/o. Kamal Enclave, PUDA Colony, Narwana Road, Tehsil Partan
Pariala
PUNJAB
...........Respondent(s)

BEFORE: 
 HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER
 HON'BLE MR. BINOY KUMAR,MEMBER

For the Petitioner :MR. J.P. SHEOKAND
For the Respondent :MR. KARAN DEWAN

Dated : 29 Mar 2022
ORDER

Binoy Kumar, Member

  1. The present Revision Petition No. 2511-2512 of 2013 under section 21(b) of the Consumer Protection Act 1986 (for short ‘the Act) is filed by the Opposite Party – Agriculture Insurance Company of India Limited (hereinafter referred to as the Petitioner) challenging the common Impugned Order dated 05.04.2013 of the State Consumer Dispute Redressal Commission, Chandigarh, Punjab (hereinafter referred to as the ‘State Commission’) in FA No. 1256 of 2011 and FA No. 1604 of 2011.
  1. The brief facts leading up to the present case are that the Respondent/Complainant got insurance from the Petitioner for 50 Acres of paddy crop under Weather Based Crop Insurance Scheme Kharif 2008 on 17.07.2008 (Varsha Bima 2008). The insurance was for 90 days i.e. upto 17.10.2008. The Respondent paid Rs.53,350/- as premium and thus the crop was insured for Rs.4,00,000/-. The Respondent was informed that the Insurance Company will pay the claim amount when the rain will be less or excess compared to the normal.
  2. The Respondent/Complainant stated that the Petitioner has to pay the claim to him without any application from him on the basis of information derived from Reference Weather Station. He stated that during the paddy season of 2008, the weather was very bad and rainfall was very less due to which his crop was damaged. After the loss of the crop, the Respondent approached the Petitioner for the settlement of the claim but he did not pay any heed to his requests.
  3. Aggrieved by the aforesaid acts of the Petitioner/Opposite Party, the Respondent/Complainant filed a Complaint before the District Consumer Disputes Redressal Forum, Sangrur, Punjab (hereinafter referred as District Forum) which was partly allowed and the following Order was given:
    1. Refund the amount of Rs.53,350/- to the Complainant alongwith interest @9% per annum from the date of payment i.e. 17.07.2008 upto the date of realization, and
    2. Make the payment of a consolidated amount of compensation and litigation expenses to the tune of Rs.10,000/- to the Complainant.

This Order shall be complied with within 60 days of its communication.

  1. The Respondent/Opposite Party challenged the Order of the District Forum in the State Commission which held as under:

“The Order of the District Forum regarding the refund of the premium is not correct and not based on any evidence, as such, the Order of the District Forum is modified and Respondent No.1 – Agriculture Insurance Company of India Limited is directed to pay Rs.2 lakhs as compensation to the appellant with interest @9% per annum after 60 days of the end of the policy till its payment. First Appeal No. 1604 of 2011 is accepted and Order of the District Forum is modified to the above extent.

As per the above discussion, First Appeal No. 156 of 2011 of the Appellant/Opposite Party – Agriculture Insurance Company is without any merit and against the terms and conditions of the policy, as such, the same is dismissed.

…the Appellant in FA No. 1256 of 2011 had deposited an amount of Rs.25,000/- with this Commission at the time of filing the appeal and Rs.52,755/- in compliance with the Order dated 23.1.2012. These amounts of Rs.25,000/- and Rs.52,755/- with interest accrued thereon, if

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